KARACHI: A sessions court on Thursday acquitted a man for want of evidence in a case pertaining to the alleged recovery of 25 kilogram charas from his possession.

After hearing both sides, the additional district and sessions judge (East), acquitted Lal Marjan as the prosecution failed to establish its case against the accused person.

The court ordered the concerned jail superintendent to release the accused if he was not required in any other case.

Highlighting the lacunas in the prosecution’s case, the court noted that the alleged recovery of the drug took place in a busy and populated area, but no private witness was present at the time of the arrest or the alleged recovery.

It added that no evidence was brought on record by the prosecution witnesses against the accused regarding from whom or by whom such material was purchased or intended to be sold.

The complainant, an official of the excise police, had left the police station for patrolling, along with his subordinates. However, they neither produced the original copy nor a certified copy of their departure entry before the court.

No plausible explanation was given by the complainant regarding the document, the court observed, adding that the complainant had only submitted a photocopy of the document without having the signature of the concerned person.

The prosecution also failed to establish the safe custody of the alleged recovered contraband substance from the possession of the accused, the court noted, adding that contradictions were found in the statements of the prosecution witnesses regarding the apprehension of the accused.

“All these infirmities, inconsistencies and anomalies… renders whole prosecution case highly doubtful. It is settled law that for extending the benefit of doubt, it is not necessary that there should be many circumstances creating doubt but if a single circumstance which creates reasonable doubt in a prudent mind about the guilt of the accused then the accused is entitled to benefit of the doubt not as a matter of grace but as a matter of right,” the remarked.

According to the prosecution, on March 28, 2024, the excise police arrested the accused based on a tip-off from a bus stop in Bilal Colony. During the search, the police allegedly recovered 50 packets of charas, each wrapped in yellow tape and weighing 500gm and the total was 25km.

A case was registered at the excise police station under Section 6/9 (I) 3 (e) of The Control of Narcotic Substances Act.

Published in Dawn, March 7th, 2025